ASCE 60-12-2013 Guideline for Development of Effective Water Sharing Agreements.pdf

1、 ASCE/EWRI 60-12ASCE STANDARDAmerican Society of Civil EngineersGuideline for Development of Effective Water Sharing AgreementsThis document uses both the International System of Units (SI) and customary units.Published by the American Society of Civil EngineersLibrary of Congress Cataloging-in-Publ

2、ication DataGuidelines for development of effective water sharing agreements / American Society of Civil Engineers.p. cm. (ASCE standard)“ASCE/EWRI 60-12.”“This document uses both the International System of Units (SI) and customary units.”Includes bibliographical references and index.ISBN 978-0-784

3、4-1230-5 (pbk. : alk. paper) ISBN 978-0-7844-7691-8 (ebook)1. WaterLaw and legislation. 2. Water rights (International law) 3. Water resources developmentLaw and legislation. I. American Society of Civil Engineers.K3496.G85 2012346.04691dc232012013748Published by American Society of Civil Engineers1

4、801 Alexander Bell DriveReston, Virginia 20191www.asce.org/pubsThis standard was developed by a consensus standards development process which has been accredited by the American National Standards Institute (ANSI). Accreditation by ANSI, a voluntary accreditation body representing public and private

5、 sector standards development organizations in the United States and abroad, signifi es that the standards development process used by ASCE has met the ANSI requirements for openness, balance, consensus, and due process.While ASCEs process is designed to promote standards that refl ect a fair and re

6、asoned consensus among all interested participants, while preserving the public health, safety, and welfare that is paramount to its mission, it has not made an independent assessment of and does not warrant the accuracy, completeness, suitability, or utility of any infor-mation, apparatus, product,

7、 or process discussed herein. ASCE does not intend, nor should anyone interpret, ASCEs standards to replace the sound judgment of a com-petent professional, having knowledge and experience in the appropriate fi eld(s) of practice, nor to substitute for the standard of care required of such professio

8、nals in interpreting and applying the contents of this standard.ASCE has no authority to enforce compliance with its standards and does not undertake to certify products for compliance or to render any professional services to any person or entity.ASCE disclaims any and all liability for any persona

9、l injury, property damage, fi nancial loss, or other damages of any nature whatsoever, including without limitation any direct, indirect, special, exemplary, or consequential damages, resulting from any per-sons use of, or reliance on, this standard. Any individual who relies on this standard assume

10、s full responsibility for such use.ASCE and American Society of Civil EngineersRegistered in U.S. Patent and Trade-mark Offi ce.Photocopies and permissions. Permission to photocopy or reproduce material from ASCE publications can be obtained by sending an e-mail to permissionsasce.org or by locating

11、 a title in ASCEs online database (http:/cedb.asce.org) and using the “Per-mission to Reuse” link.Copyright 2013 by the American Society of Civil Engineers.All Rights Reserved.ISBN 978-0-7844-1230-5 (paper)ISBN 978-0-7844-7691-8 (e-book)Manufactured in the United States of America.18 17 16 15 14 13

12、1 2 3 4 5iiiSTANDARDSIn 2006, the Board of Direction approved the revision to the ASCE Rules for Standards Committees to govern the writing and maintenance of standards developed by the Society. All such standards are developed by a consensus standards process managed by the Societys Codes and Stand

13、ards Committee (CSC). The consensus process includes balloting by a balanced standards committee made up of Society members and nonmem-bers, balloting by the membership of the Society as a whole, and balloting by the public. All standards are updated or reaffi rmed by the same process at intervals n

14、ot exceeding fi ve years.The following standards have been issued:ANSI/ASCE 1-82 N-725 Guideline for Design and Analysis of Nuclear Safety Related Earth StructuresASCE/EWRI 2-06 Measurement of Oxygen Transfer in Clean WaterANSI/ASCE 3-91 Standard for the Structural Design of Com-posite Slabs and ANS

15、I/ASCE 9-91 Standard Practice for the Construction and Inspection of Composite SlabsASCE 4-98 Seismic Analysis of Safety-Related Nuclear StructuresBuilding Code Requirements for Masonry Structures (ACI 530-02/ASCE 5-02/TMS 402-02) and Specifi cations for Masonry Structures (ACI 530.1-02/ASCE 6-02/TM

16、S 602-02)ASCE/SEI 7-10 Minimum Design Loads for Buildings and Other StructuresSEI/ASCE 8-02 Standard Specifi cation for the Design of Cold-Formed Stainless Steel Structural MembersANSI/ASCE 9-91 listed with ASCE 3-91ASCE 10-97 Design of Latticed Steel Transmission StructuresSEI/ASCE 11-99 Guideline

17、for Structural Condition Assessment of Existing BuildingsASCE/EWRI 12-05 Guideline for the Design of Urban Subsur-face DrainageASCE/EWRI 13-05 Standard Guidelines for Installation of Urban Subsurface DrainageASCE/EWRI 14-05 Standard Guidelines for Operation and Maintenance of Urban Subsurface Draina

18、geASCE 15-98 Standard Practice for Direct Design of Buried Precast Concrete Pipe Using Standard Installations (SIDD)ASCE 16-95 Standard for Load Resistance Factor Design (LRFD) of Engineered Wood ConstructionASCE 17-96 Air-Supported StructuresASCE 18-96 Standard Guidelines for In-Process Oxygen Tran

19、s-fer TestingASCE 19-10 Structural Applications of Steel Cables for BuildingsASCE 20-96 Standard Guidelines for the Design and Installation of Pile FoundationsANSI/ASCE/T Dellapenna 2007a). The format of the sections and subsections of each model agreement consists of statutory language in boldface

20、that a legislature could enact with or without change. This statutory language is followed by a commentary section that describes the purpose and scope of the statutory provisions. Cross-references to other provisions in the specifi c agreement follow. The section or subsection is closed by a paragr

21、aph listing other interstate and international water sharing agreements that contain similar provisions.Each section of each agreement is optional. Authorities may, however, enact the bulk of the agreement yet delete or change any particular section. Nonetheless, the WRSC made an effort to create a

22、complete, comprehensive, and well-integrated con-tract between the parties capable of effectively managing shared water. The WRSC has concluded that almost every section of each agreement is necessary to achieve that goal. Some sections apply, however, only to water sharing compacts within the Unite

23、d States, others only to an international agreement. Others are specifi cally denominated optional in any jurisdiction, which indicates that the drafters consider that these sections might not be necessary or appropriate to the needs of the specifi c situation. A coherent and workable agreement woul

24、d still result were all of the optional sections omitted. This Standard Guideline refers to current ASCE Policy Statements and to certain common refer-ences. ASCE Policy Statements normally are updated every three years and should be consulted for changes that may have occurred (www.asce.org/pressro

25、om/news/policy.cfm).This standard has been prepared in accordance with recog-nized engineering principles and should not be used without the users competent knowledge for a given application. The publi-cation of this standard by ASCE is not intended to warrant that the information contained herein i

26、s suitable for any general or specifi c use, and ASCE takes no position respecting the validity of patent rights. The user is advised that the determination of patent rights or risk of infringement is entirely his or her own responsibility.This page intentionally left blank Guideline for Development

27、 of Effective Water Sharing Agreements xiPREFACEThe Model Water Code Project of the American Society of Civil Engineers (ASCE) was initiated in 1990 under the leadership of Ray Jay Davis of the Brigham Young University School of Law. The purpose of the project was to develop model statutory provi-si

28、ons intended for adoption by state governments for allocating water rights among competing interests and for resolving quan-titative confl icts over water (Dellapenna 1997b).After Davis retired from Brigham Young University in 1995, the project continued under the leadership of Joseph W. Della-penna

29、 of the Villanova University School of Law. In 1997, ASCE published The Regulated Riparian Model Water Code (Della-penna 1997b). In 2001, the code was accepted as EWRI/ASCE Standard 40-03.Early in the project formulation and development process, the ASCE Water Laws Committee recognized that effectiv

30、e water allocation and management required planning and regula-tion by water basins. Because most basins are shared by two or more political entities and their independent legal jurisdictions (e.g., states or nations), the committee recognized the need for a companion agreement or compact to manage

31、the waters fl ow-ing across or along the boundary between separate legal jurisdictions.When two or more independent governments share a common water resource, the timing and magnitude of the respective indi-vidual uses can be continual sources of confl ict. Water scarcity is evident throughout much

32、of the western United States, and the use of shared water resources is often a major source of legal and political confl ict. The interstate and international confl icts over the allocation of the waters of the Colorado River began early in the twentieth century and have still not been totally resol

33、ved. However, the problem is not limited to the western states. Even when water is relatively plentiful, the increasing demand for water from shared resources is growing as the popu-lation expands, dramatically increasing the needs for public water supply. This problem has been graphically shown by

34、the recent dispute among Florida, Alabama, and Georgia over allo-cation of the waters of the ApalachicolaChattahoocheeFlint River Basin. The problem is pervasive, since few river basins in the continental United States are contained within a single states boundaries (Dellapenna 2002b; Draper 2002a,

35、2006).The problem is magnifi ed in the international arena. There are more than 250 major rivers shared between and among two or more nations. These international river basins cover almost one half of the total land surface of the globe. More than 50 rivers are shared by three or more nations, and t

36、he Danube is shared by 13 riparian countries. International river basins sustain more than 40% of the worlds population. Almost 25% of the worlds population lives in the Earths semiarid and arid zones, where scarcity of water is often acute. Therefore, the potential for confl ict is enormous (Draper

37、 2002a, 2006; The Transboundary Freshwater Dispute Database 2012).Among others, protracted confl ict over shared waters exists among Turkey, Iraq, and Syria in the TigrisEuphrates basin; between Jordan and Israel regarding the opposite bank sharing of the Jordan River; and among nations in the Nile

38、River Basin. The Ganges River is a source of dispute between India and Bangladesh. Armed confl ict has occurred between Ecuador and Peru over the Cenepa River. The breakup of the Soviet Union has caused confl ict between former members, especially in the arid regions east of the Caspian Sea. Seven a

39、ctive transboundary water disputes currently exist in Africa; six in Europe and Asia; and at least fi ve in the Americas (Dellapenna 2001a; Draper 2002a, 2006).The need for effective cooperation among riparian countries has greatly expanded because of the growing demand for water in various internat

40、ional basins and the increasingly harmful effects of activities in upstream countries. Although some form of interstate compact covers most of the shared river basins in the United States, many were drafted in the fi rst half of the twentieth century. These agreements were often one-dimensional and

41、limited in scope, oriented to specifi c problems rather than holistic management of the basins water. It can be argued that many of these interstate water compacts are inadequate to resolu-tion of the more complex water sharing issues that will develop in the twenty-fi rst century (Draper 2002a, 200

42、6).Water resource experts now recognize that the shared use of water resources is most effective when management is on the river basin level and when management of the shared resource is comprehensive and multidimensional. Internationally, the problems are more acute. More than a third of the 200 in

43、terna-tional river basins are not covered by any international agree-ment, and only some 30 have truly cooperative institutional arrangements. Therefore, a signifi cant need exists for guidance and procedures that can facilitate the development of agreements that can provide a basis for effective an

44、d effi cient water sharing between autonomous political entities (Draper 2002a, 2006; TheTransboundary Freshwater Dispute Database 2012).The creation of this Standard Guideline proceeded in two stages. First, three model water sharing agreements were pub-lished (Draper 2002a). The model agreements w

45、ere then fol-lowed by a second report that provided a narrative description of suggested guidelines to be used in choosing the model agree-ment that might best serve as the basis of the specifi c water sharing agreement to be created by the parties (Draper 2006).Although water scarcity and the incre

46、asing competition for water suggest that comprehensive management of a shared river basin is appropriate, a signifi cant challenge to overcome is the prevailing tendency for governments at all levels to resist outside control over and interference with their internal affairs and those decisions that

47、 affect economic growth or quality of life. Each government or legally competent authority subject to the agree-ment, whether it is a nation-state, a state within a federal system, or a tribal entity within a national federal system, normally wants to maintain authority over the people, places, asse

48、ts, and natural resources within its political boundaries. Local control is the operative word.Strong incentives are required for a government to relinquish control of resources within its jurisdiction. Early in the process, the committee recognized that the degree to which the parties were willing

49、to relinquish such control over water resources in or adjacent to their jurisdiction depended on the hydrologic, geographic, and political situation involved in the shared water dispute. In some situations, the parties might be willing to relin-quish considerable autonomy in the search for effi cient water management. In other situations, the parties may insist on main-taining control of the waters within their boundaries and may be content to coordinate water management activities in som